Durga Prasad Taram vs The State Of Chhattisgarh
2022 Latest Caselaw 3478 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet
                                 CRA No. 101 of 2020


   Durga Prasad Taram, S/o Late Tirathram Taram, Aged About 45 Years, R/o
    Village Sirsida, Thana Charama, District Uttar Bastar Kanker, Chhattisgarh.
                                                                        ---- Appellant
                                       Versus
   The State of Chhattisgarh, Through Police Station Charama, District Uttar
    Bastar Kanker, Chhattisgarh.                                      ---- Respondent

11.05.2022 Shri Parag Kotecha, counsel for the appellant.

Shri Raghvendra Verma, G.A. for the State.

Mother of the prosecutrix appeared through VC with the aid of DLSA, Kanker and she raised no objection to release of the appellant on bail.

Heard on admission.

Admitted.

Also heard on I.A. No. 01/2020, application for suspension of sentence and grant of bail.

The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 20.12.2019 passed in Special Criminal Case (POCSO Act) No.28/2019 by the Additional Sessions Judge (F.T.C.) and Special Judge, North Bastar Kanker (C.G.) as under:-

             Conviction                            Sentence
 U/s. 341 of IPC                         R.I. for 1 month, fine of Rs.
                                        500/- and default in payment of

fine amount, additional R.I. for 7 days SI U/s. 354 of IPC R.I. for 5 years, fine of Rs.

2,000/- and default in payment of fine amount, additional R.I.

for 1 year RI.

U/s 354 (A)(i) of IPC R.I. for 3 years, fine of Rs.

1,000/- and default in payment of fine amount, additional R.I.

for 6 months.

U/s 506(part-II) of IPC R.I. for 3 years, fine of Rs.

1,000/- and default in payment of fine amount, additional R.I.

for 6 months.

U/s. 12 of POCSO Act R.I. for 3 years, fine of Rs.

1,000/- and default in payment of fine amount, additional R.I.

for 6 months.

U/s. 10 of POCSO Act R.I. for 5 years, fine of Rs.

2,000/- and default in payment of fine amount, additional R.I.

for 1 year.

Considering the facts & circumstances of the case, the maximum sentence awarded to the appellant is 5 years, the detention period of the appellant i.e. more than 3 years, mother of the prosecutrix has no objection to release of the appellant on bail, final disposal of this appeal is likely to take some time, without commenting anything on merits of the case, the application is allowed.

It is directed that the execution of substantive jail sentence imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the trial Court. He shall appear before the Registry of this Court on 12.07.2022 and thereafter appear before the trial Court on a date to be given by the Registry and thereafter continue to appear before the trial Court on all such dates as are given to him by the said Court till disposal of this appeal.

List the case for final hearing in due course.

Sd/-

(Gautam Chourdiya) Judge

Nadim